MALAYAN BANKING BERHAD (NO. SYARIKAT: 3813-K) 1. SPARROWS & ARROWS SDN BHD (NO. SYARIKAT: 242876-U) (DALAM LIKUIDASI) 2. KOPERASI KAKITANGAN PETRONAS BERHAD (KOOP INST. NO.: 14) 3. NGA HOCK CHEH 30 (BERAMAL ATAS NAMA DAN GAYA TETUAN NGA HOC

MALAYAN BANKING BERHAD (NO. SYARIKAT: 3813-K) 1. SPARROWS & ARROWS SDN BHD (NO. SYARIKAT: 242876-U) (DALAM LIKUIDASI) 2. KOPERASI KAKITANGAN PETRONAS BERHAD (KOOP INST. NO.: 14) 3. NGA HOCK CHEH 30 (BERAMAL ATAS NAMA DAN GAYA TETUAN NGA HOC

The Court admitted Kopetro’s further evidence but held MBB failed to prove any fraud, misrepresentation, forgery or unlawful acquisition under s.340(2) NLC and had not protected its unregistered interest; Kopetro was a bona fide purchaser whose registered title was indefeasible; claims against the solicitors for abuse of process and conspiracy/fraud were not made out; appeal dismissed and High Court judgment affirmed.

Citation
W-02(NCVC)(W)-413-03/2017 (Mahkamah Rayuan)
Parties
Appellant/plaintiff: Malayan Banking Berhad; Respondent/defendant: Sparrows & Arrows Sdn Bhd (In Liquidation); Respondent/defendant: Koperasi Kakitangan Petronas Berhad; Respondent/defendant: Nga Hock Cheh; Respondent/defendant: Liang Chong Beng
Court
NCVC
Jurisdiction
Malaysia
Judgment Date
19 August 2021
Case Number
W-02(NCVC)(W)-413-03/2017 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (court of Appeal) / Appeal Heard; Judgment Delivered by Court of Appeal (appeal Dismissed)
Outcome
Appeal dismissed; High Court judgment dated 23/02/2017 affirmed.
Legal Topics
Indefeasibility, Section 340 National Land Code, Assignment of Land, Misrepresentation, Fraud, Abuse of Process, Admission of Fresh Evidence S.69 CJA, Res Judicata, Bona Fide Purchaser for Value Without Notice, Costs
Source Language
Malay/English
Land Law Property Contract Tort Civil Procedure Equity Professional Negligence Indefeasibility +9 more

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Parties

Malayan Banking Berhad

Appellant/plaintiff

Sparrows & Arrows Sdn Bhd (In Liquidation)

Respondent/defendant

Koperasi Kakitangan Petronas Berhad

Respondent/defendant

Nga Hock Cheh

Respondent/defendant

Liang Chong Beng

Respondent/defendant

Procedural Posture

Civil Appeal (court of Appeal) / Appeal Heard; Judgment Delivered by Court of Appeal (appeal Dismissed)

Legal Issues

  1. 1 Whether MBB retained enforceable rights as assignee against subsequent registered transferee
  2. 2 Whether transfer to Kopetro was defeasible under s.340(2) NLC (fraud/forgery/insufficient instrument/unlawful acquisition)
  3. 3 Whether Kopetro was a bona fide purchaser for value without notice and thus obtained indefeasible title

Ratio Decidendi

The Court admitted Kopetro’s further evidence but held MBB failed to prove any fraud, misrepresentation, forgery or unlawful acquisition under s.340(2) NLC and had not protected its unregistered interest; Kopetro was a bona fide purchaser whose registered title was indefeasible; claims against the solicitors for abuse of process and conspiracy/fraud were not made out; appeal dismissed and High Court judgment affirmed.

Court Disposition

Appeal dismissed; High Court judgment dated 23/02/2017 affirmed.

Orders

  • Appeal dismissed
  • High Court order dated 23/2/2017 affirmed